She ran away from home and was caught in illegal seclusion

Al-Ain Elementary School obliges a wife to pay 45,000 dirhams in compensation to her husband

The "court" affirmed that the plaintiff suffered moral harm from convicting his wife of improving the sin.

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The Al Ain Court of First Instance has ruled to compel a wife to pay her husband 45,000 dirhams, as compensation for her escape from the marital home, seize her with another in an illegal seclusion, and convict her of improving the sin.

In the details, a husband filed a lawsuit against his wife, in which he demanded a ruling obligating her to pay him compensation in the amount of 250 thousand dirhams for the material, moral and moral damages suffered by him, while obliging the fees and expenses, indicating that the defendant escaped from the marital home, and communicated by phone with another And they were caught in illegal seclusion in one room rented in his name, without having a legitimate relationship, and she was found guilty of that incident according to the criminal ruling.

The plaintiff’s husband submitted a memorandum explaining his claim, and the attorney for the wife’s attorney (the defendant) presented a memorandum in which the lawsuit was suspended for premature filing, as there was an appeal to cassation of the criminal judgment that is the subject of the case.

Before deciding on the matter, the court decided to suspend the case until the criminal ruling becomes available, after which the plaintiff sought to expedite the case from the suspension, and attached to it a copy of the judgment issued by the Court of Cassation rejecting the appeal, and obliging the appellants to legally prescribed fees, while the defendant presented in turn a memorandum A request, at its conclusion, to dismiss the lawsuit, as no damages were caused to the plaintiff.

For its part, the court clarified in the merits of its ruling that the evidence from the documents was the conviction of the defendant with a final judgment and in the criminal case the accusation of improving the sin, and the unlawful act subject to this judgment was the one on which the plaintiff relied in his present lawsuit, and which the court adheres to, and refuses to If you disagree with it or re-examine it, its role is limited to assessing the compensation value.

The court indicated that the husband's request for moral compensation, as it is decided according to the Civil Transactions Law, is considered as moral harm to others in his freedom, honor, honor, reputation, social position, or financial consideration. Determining the elements of harm that are included in the calculation of compensation are the issues of law that are subject to the control of the Court of Cassation. As for determining the damage and assessing the compensation that is compulsory for it, they are among the issues of reality on which the trial court is independent.

The court affirmed that the plaintiff had suffered moral harm from convicting his wife on the charge of improving sin and unlawful seclusion with another, and that this harm represented hurting and wounding his feelings, and harming him and his reputation, and the defendant was legally obligated to compensate the plaintiff for these damages.

She indicated that the plaintiff had not provided evidence that there were material damages caused to him as a result of the defendant’s fault, and he also did not indicate the amount of what he missed in terms of earnings, and the material losses he suffered as a result of this act, which is what this request is based on without evidence, Responsible for rejection.

The court ruled to oblige the defendant to pay the plaintiff 45 thousand dirhams, while obliging her to meet this amount of fees and expenses, and it rejected all other requests.

• Determining the elements of harm that are included in the calculation of compensation, are matters of law that are subject to "discrimination" control.

• The plaintiff did not provide evidence that there was material damage caused to him as a result of the defendant’s fault.

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